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(영문) 서울동부지방법원 2013.06.04 2013고정938
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

No person may register any real right to real estate under the name of the title trustee according to the title trust agreement.

B around September 1, 2011, even though the actual right holder was to purchase 5,317 square meters of miscellaneous land located in Jeon Chang-gun, Jeon Chang-gun, Jeonbuk-gun from D, the actual right holder was determined to hold the ownership of the above real estate internally, and the defendant requested the title trust that the defendant should complete the registration of ownership transfer of the above apartment, and the defendant entered into the title trust agreement with his consent.

On September 1, 2011, the Defendant completed the registration of ownership transfer under the name of the Defendant, the title trustee, in accordance with the title trust agreement, with respect to the said real estate at the former District Court’s net Chang Chang-gun, the Young-gu Office of the Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to written accusation and full certificate of registered matters;

1. Relevant provisions concerning facts constituting an offense, and Articles 7 (2) and 3 (1) of the Act on the Registration of the Real Estate under Actual Titleholder’s Name as to the option of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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